Police contact one of two men about smoking marijuana on the University of Colorado Norlin Quad but ultimately did not issue any citations on April 20, 2016. The Boulder County District Attorney s Office is preparing to vacate and seal thousands of marijuana possession convictions in light of voters legalizing marijuana in 2012. (Camera file photo / Staff Photographer)

The Boulder County District Attorney's Office is preparing to vacate and seal thousands of marijuana possession convictions in light of voters legalizing marijuana in 2012.

As part of the "Moving on from Marijuana" program, Boulder County Assistant District Attorney Ken Kupfner said the DA's office took a look back through its records and identified about 4,000 marijuana possession convictions since 2008 that would no longer be crimes with the passage of Amendment 64.

While the office pulled numbers from 2008 as a starting point and to get an idea of how many possession cases were being processed every year pre-Amendment 64, Kupfner said the goal is to eventually clear older convictions as well.

"This is really a program based on fundamental fairness," Kupfner said. "This is conduct that is no longer illegal. It just seems like the right thing to do in these circumstances is to vacate and seal those convictions."

Convictions for possession of less than 2 ounces of marijuana or 1 ounce of marijuana as well as paraphernalia charges will qualify under the new program. Kupfner said possession with intent to distribute cases will not qualify, and cases that include additional charges will not be considered.

"Say someone has a DUI or a DWAI and a possession conviction, that case is not going to go away," Kupfner said. "This is really designed for people who would not have found themselves in the criminal justice system today."

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The DA's Office will hold a clinic on Jan. 10 and Jan. 15 at the Boulder Justice Center, 1777 Sixth St. Kupfner said people with marijuana convictions can have prosecutors look up their cases to see if they qualify. If they do, prosecutors will file a motion to dismiss the conviction and seal any records associated with the case.

After the clinic, the DA's office will also post an application on its website for people to see if their cases would qualify. Kupfner said the office hopes to eventually get to every conviction even if a person doesn't come forward, but said those who come to the clinic or apply online will be served first.

"We do have the intention of going back over time and working through to start to vacate and seal those convictions," Kupfner said. "Obviously, that's going to take a lot more time than the people who are proactive."

Kupfner also said prosecutors will be giving priority to people whose convictions are having an impact on their lives.

"We want to help people whose convictions are having the greatest impact first," Kupfner said. "It could span everything from jobs to potential housing to educational opportunities. Anytime someone has a conviction, even for marijuana, it still shows up as a conviction."

Kupfner said he did research on similar programs in Washington and New York, but said he is not aware of any other district in Colorado doing this.

"These convictions are resulting in consequences for those individuals for conduct that would now be legal," Kupfner said. "We believe as an office that fundamental fairness dictates those people be alleviated of those consequences for something that would now be legal."

Shawn Coleman, a Boulder-based consultant to the marijuana industry, said the state legislature passed a law last year that allows people to apply to have marijuana cases sealed, but applauded Boulder County DA Michael Dougherty for taking a proactive approach.

"It's very exciting news," Coleman said. "It's awesome that the DA is doing this on his own."

Coleman said he hopes other Colorado offices follow suit, and said he imagines the state legislature will also look at making the process easier and making sure people know about their options.

"I'm not only hopeful more DAs will take this initiative, but I'm certain we will see some initiative on the state level as well," Coleman said.

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